Download e-book for kindle: Africa and the International Criminal Court by Gerhard Werle, Lovell Fernandez, Moritz Vormbaum

By Gerhard Werle, Lovell Fernandez, Moritz Vormbaum

ISBN-10: 9462650284

ISBN-13: 9789462650282

ISBN-10: 9462650292

ISBN-13: 9789462650299

The ebook offers with the debatable courting among African states, represented by way of the African Union, and the overseas felony court docket. This courting begun promisingly yet has been in problem lately. The overarching objective of the publication is to investigate and talk about the achievements and shortcomings of interventions in Africa by means of the foreign legal court docket in addition to to advance proposals for cooperation among foreign courts, family courts outdoors Africa and courts inside of Africa. For this function, the ebook compiles contributions by way of practitioners of the overseas legal court docket and by means of function gamers of the judiciary of African international locations in addition to via educational experts.

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Example text

A lot of unfortunate statements have been recently made by African leaders, and while I am not going to repeat them, I wish to reject such outrageous accusations in the strongest possible terms. The staff of the Court is devoted to the mandate that it has been given under the Rome Statute and discharge the mandate professionally and without fear or favour. g. four Judges, the Prosecutor, the Head of the Jurisdiction, Complementarity and Cooperation Division, the Principal Counsel for the Defence, Ms Batohi, Legal Advisor to the Prosecutor, who is here with us, and many others, including myself as a Judge and the First Vice-President.

16 Suárez 2009, p. 103 f. 17 Hausler et al. 2012, p. 175. 18 Amnesty International. Child Soldiers: From Cradle to War. 12 4 International Criminal Justice in Africa … 39 of the Congo, and, more specifically, in the District of Ituri, Oriental Province. 19 The Trial Chamber heard 67 witnesses over 204 days. The prosecution called 36 witnesses, including three experts, and the defence called 24 witnesses. Three victims were called as witnesses following a request from their legal representatives.

Article 67(2) of the Rome Statute and Rule 77 of the Rules of Procedure and Evidence create the basic obligation that the Office of the Prosecutor must disclose exculpatory evidence and material in its possession or control to the defence. At the same time, Article 54(3)(e) provides that the prosecutor may decide not to disclose material obtained on condition of confidentiality and solely for the purpose of generating new evidence, unless the provider of the information consents. Rule 81 places restrictions on disclosure, while Rule 82 provides that if the prosecution has Article 54(3)(e) material in its possession it may not introduce such material into evidence subsequently without prior consent of the information provider.

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Africa and the International Criminal Court by Gerhard Werle, Lovell Fernandez, Moritz Vormbaum


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